Asylum cases go to High Court

An Iranian asylum seeker who was denied an appeal because the Curtin detention centre failed to forward his papers in time will have his case heard by the High Court.

The High Court will also hear the appeal by an Afghan of Hazara ethnicity who filed his papers late.

The cases challenge Federal Government laws prohibiting appeals outside time limits and could have implications for other cases, according to legal sources.

Several judges have expressed frustration they cannot hear appeals made out of time.

The Iranian, known as WAFE, is in home detention in Melbourne with his wife and four children. He has been held in the Curtin, Port Hedland and Maribyrnong detention centres.

He tried to appeal against a decision of the Refugee Review Tribunal in May 2001, but officers at the now closed Curtin detention centre failed to forward his application within 28 days. A succession of judges have ruled they cannot hear his appeal because the Migration Act says courts cannot extend the time limit in any circumstance.

The High Court yesterday granted the two cases special leave to appeal.

Barrister Sam Hay said the cases could open the way for courts to probe why an appeal wasn't made in time.